Ajay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71578 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== AJAY SINGH Son of Late Manik Singh @ Late Manikarnika Singh Resident of Village - Tungi, P.S. - Deepnagar, District - Nalanda ... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner, who is in custody, seeks bail in a case registered under Section 147, 148, 149, 341, 323, 324, 307, 353, 337, 338, 324 and 325 of the Indian Penal Code and Section 27 of the Arms Act in connection with Deepnagar PS Case No. 236 of 2019.
The prosecution case in short is that while the police went to village Tungi to arrest an accused of Deepnagar P.S. Case No. 167 of 2019, the local residents of the said accused attacked upon the police party by means of bricks, stones and Lathi etc. as a result of which, the police personnel sustained injuries.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.71578 of 2019(2) dt.25-11-2019 2/3 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioner is in custody since 25-08-2019. The alleged occurrence is said to have taken place at 8.15 p.m. No source of identification is disclosed by the prosecution. General and omnibus allegation has been made against the petitioner. No overt act is alleged against the petitioner. The nature of injury is said to be simple.
It is also submitted that in another case pending against the petitioner he is already on bail. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Nalanda (Bihar Sharif) in Deepnagar PS Case No. 236 of 2019 subject to the conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if
Patna High Court CR. MISC. No.71578 of 2019(2) dt.25-11-2019 3/3 he fails to do so on two consecutive dates, his bail will be liable to the cancelled.
(Madhuresh Prasad, J) SNkumar/- U T